1. The Depositor is the person who commissions la Galerie Moderne S.A. ('la Galerie') to sell an item at public auction. They shall provide la Galerie with their name, address, bank details, copies of identity card or passport, etc.
2. The Depositor guarantees that they are the sole owner of the item being sold and that it is free of any charges, rights, protection measures or general constraints of any kind. The Depositor shall compensate la Galerie, and the Purchaser, for any damages they incur, in particular following appeals or actions taken against them which are based in lack of ownership of the lot or any charge, right, protection measure or constraint that it is subject to. Moreover, only the Depositor shall be held responsible vis-à-vis the Purchaser for non-compliance or hidden defects in the lot sold, with la Galerie being excluded from any responsibility.
3. La Galerie reserves the right to accept or reject lots offered by the Depositor. It also decides on the description of the item, as well as where it may be placed in a catalogue or advertising, on which date it is auctioned, where in the order it is be auctioned and how the auction is run. It also reserves the right to combine low-value items into lots. It can under no circumstances be held responsible vis-à-vis the Depositor for any omissions or errors in the description or estimations produced.
4. When depositing the item, the Depositor is required, accurately and in good faith, to fill in a deposit form and sign it.
5. If necessary, the Depositor shall include a reserve price on the deposit form, beneath which the item will not be sold. This reserve price must be accepted by la Galerie. If the item does not reach the agreed reserve price, la Galerie may auction the lot again, automatically reducing the reserve price by 30%, except if the Depositor collects the lot before this. A sale record is sent to the Depositor within 21 working days after the sale of the lot.
6. Any unsold lot shall be collected by the Depositor within 8 working ways from the auction session. Any lot that is not collected before this deadline may be freely auctioned again by la Galerie, or be subject to fixed storage fees of 5.00 euros per lot per day of delay, increasing to 7.50 euros if the delay exceeds fifteen days.
7. The Depositor agrees to deposit the item at the la Galerie premises. The transportation of items to la Galerie is at the expense and risk of the Depositor, even when la Galerie is put in charge of carrying out or arranging the transportation.
8. Other than in the case of wilful gross negligence, or unless expressly agreed otherwise, la Galerie cannot be held responsible for risks connected to the deposit and display of items entrusted to it.
9. The Depositor cannot collect the lot being sold before it is put up for public auction unless this is with the prior and express agreement of la Galerie.
10. La Galerie is never committed beyond the obligation to pay the Depositor the value of the bid amount, after the deduction of a commission of 15% of the total price of the lot sold (including VAT) and 2.50 euros per lot. In addition, in any cases where the Galerie can be held liable, for any reason, this is limited to the amount of the commission received.
11. The payment to the Depositor can be carried out in cash – except when the value exceeds 5,000.00 euros including all charges and taxes – by cheque or by bank transfer, after a period of 21 working days from the date of the definitive sale. Payment shall only occur when the lot has been paid for by the Purchaser. In the event the Purchaser does not make the payment, for any reason whatsoever, the Depositor can only request the return of the item, excluding any other damages, at which point la Galerie will renounce the commission. Payments are always made from our head office.
12. The Depositor does not have the right to bid on an item they have put up for sale, in person or via an intermediary of any kind.
13. The depositor is required to provide la Galerie with all information concerning the intellectual property rights relating to deposited items. The Depositor is solely responsible vis-à-vis the holders of intellectual property rights and vis-à-vis third parties concerning the compliance of the information given.
14. Personal data are only handled by la Galerie. They are not shared with any third parties. Galerie Moderne S.A., rue du Parnasse 3, 1050 Bruxelles, no. BCE 0438 831 463 is responsible for handling personal data. The people with access to the data are members of Galerie Moderne S.A. staff. In accordance with the Low of 8 December 1992 concerning personal data protection, the Depositor has the right to access data relating to themselves, to correct it and to delete it. This personal data is collected for la Galerie's customer management purposes, including its direct marketing (e.g. announcements of upcoming auctions and events it is organising). The Depositor has the right, at any time, free of charge and upon request, to prevent the use of data about themselves from being used for direct marketing.
15. Any disputes that may arise between the parties shall be settled exclusively according to Belgian law. They shall be brought exclusively before the courts of the judicial district of Brussels and, if applicable, the Justice of the Peace of Ixelles.
16. Except in the case of wilful gross negligence or deceit by la Galerie, la Galerie shall in no way be liable, either directly or indirectly, for damages of any kind, regardless of whether they arose from the Depositor having access to or using la Galerie's services.
17. These terms and conditions shall take precedence, except if an exemption is granted in writing, over any of the Depositor's conditions.